Wills & Estate Law

LAST WILL & TESTAMENT

A will is a written document that sets out a person’s desires and wishes as to how he or she would like his or her estate to be distributed after death. A will takes effect after the testator has passed away. You may have also come across the expression “living will” which is used to refer to a document in which you posit what you would want to happen if you were to become ill and unable to communicate your wishes about treatment.

In order to save money or avoid visiting a lawyer, individuals attempt to draft their own wills. The issue with attempting to draft your own will is that if you do not have proper legal knowledge and if the will does not coincide with the law, then the will may not be recognized. In general, for a will to be legally binding, it must be executed by the testator and two witnesses who do not profit or benefit under the will. Wills are governed by the Succession Law Reform Act, R.S.O. 1990, c. S.26 in Ontario.

To ensure that your estate is distributed in a fair and equitable manner as per your wishes, it is in your best interest to consult a lawyer that can assist you with drafting a will as per your desires.

Our firm believes in charging very reasonable rates whilst providing the best customer service and legal advice. The lawyers at our firm have extensive experience in serving this area of the law. Our fees for drafting an individual will are $399 plus HST.

POWER OF ATTORNEY FOR PERSONAL CARE

In simple terms, a Power of Attorney is a legal document in which you give an individual whom you confide in, in this case, your ‘attorney’, the right to make decisions on your behalf if something were to happen to you and / or you are unable to see after your affairs on your own.

There are two types of Power of Attorney:

(i) Power of Attorney for Personal Care
(ii) Power of Attorney for Property

For a Power of Attorney for Personal Care, the individual you name on your behalf can make decisions about your personal life, if due to an unfortunate event, you were ever to become disabled or mentally incapable of making decisions for yourself.

You must be considered mentally capable to execute a Power of Attorney. Therefore, you must have complete knowledge of your assets and their worth, you must further be cognizant of your duties and responsibilities towards your dependents, and lastly you must appreciate and understand the power you are giving to that particular individual on your behalf.

There are certain individuals that cannot represent you as your attorney. The following are excluded for being your Attorney for Personal Care:

Your doctor, nurse or therapist

Your Landlord

Your social worker, teacher, counsellor

Any person who provides care for you in the dwelling you reside

To ensure that you have chosen the right representative for yourself and to ensure that your Power of Attorney for Personal Care conforms to the legal guidelines, we recommend you consult a lawyer that can assist you with drafting a Power of Attorney that speaks to your best interest.

Our firm believes in charging very reasonable rates whilst providing the best possible customer service and legal advice. The lawyers at our firm have extensive experience in serving this area of the law. Our fees for drafting an individual will are $149 plus HST.

POWER OF ATTORNEY FOR PROPERTY

In simple terms, a Power of Attorney is a legal document in which you give an individual whom you confide in, in this case, your ‘attorney’, the right to make decisions on your behalf if some unfortunate event were to happen to you and /or you are unable to see after your affairs on your own.

There are two types of Power of Attorney:

(i) Power of Attorney for Property
(ii) Power of Attorney for Personal Care

For a Power of Attorney for Property, the individual you name as your attorney can execute decisions with respect to your financial affairs, such an selling a property on your behalf or collecting money on your behalf etc.
It is imperative to choose the right person to act as your Power of Attorney for property. It should be someone you genuinely trust and someone you know would do the right thing on your behalf and in fact follow your instructions.

To ensure that you have chosen the right representative for yourself and to ensure that your Power of Attorney for Property conforms to the legal guidelines, we recommend you consult a lawyer that can assist you with drafting a Power of Attorney that speaks to your best interest.

Our firm believes in charging very reasonable rates whilst providing the best possible customer service and legal advice. The lawyers at our firm have extensive experience in serving this area of the law. Our fees for drafting an individual will are $149 plus HST.

NOTARY AND COMMISSION

Have you recently attempted to transfer ownership of your vehicle or gift your vehicle to another family member and then were told that you need to have the Declaration commissioned by a Commissioner of Oath? Perhaps you may have been involved in a court proceeding asked to have your Affidavit commissioned? You have applied for a new passport and the rules posit that your declaration has to be notarized or commissioned?

Our firm can definitely assist you if you need a notary or commission. Commissioners take affidavits or declarations by asking you to swear or affirm that what is mentioned in that particular document is true. A notary public has all the powers of a commissioner for taking affidavits and confirm signatures as to whether they are true and whether the documents are authentic and genuine.

Notaries and commissioners are usually required in most Ontario government services, municipal business and zoning, private or commercial transactions, real estate transactions, Sworn solemn declarations, immigration documents, passport documents etc.

To schedule an appointment to have your documents notarized or commissioned, please contact our head office located in Mississauga to schedule an appointment. Our fees for the first notary / commission are $20 plus HST and thereafter $10 plus HST per notary / commission.

DISCLAIMER: THE INFORMATION YOU OBTAIN AT THIS SITE IS NOT, NOR IS IT INTENDED TO BE, LEGAL ADVICE. YOU SHOULD CONSULT A LAWYER FOR ADVICE REGARDING YOUR INDIVIDUAL SITUATION. WE INVITE YOU TO CONTACT US AND WELCOME YOUR CALLS, LETTERS AND ELECTRONIC MAIL. CONTACTING US DOES NOT CREATE A LAWYER-CLIENT RELATIONSHIP. PLEASE DO NOT SEND ANY CONFIDENTIAL INFORMATION TO US UNTIL SUCH TIME AS A LAWYER-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.